Jailed Whistleblower Files Appeal - August 25, 2003 Vol.4 No.17

August 25, 2003 Vol.4 No.17:

Published: 08/25/2003

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Jailed Whistleblower Files Appeal

After serving a 16-month sentence for exposing an email vulnerability to his company’s customers, Bret McDanel is appealing his conviction in an effort to clear his name and send a message that discussing flaws and vulnerabilities is acceptable.

While working for Tornado Development, McDanel discovered the email flaw and reported it to the company. Six months after severing his employment with Tornado, McDanel discovered that the company had never fixed the vulnerability. McDanel then informed each email user of the Tornado system of the vulnerability in an email from “Secret Squirrel.”

In response, the federal government prosecuted McDanel under a federal computer crime law by stretching the statute to not only include attacks on computers and networks but also the dissemination of information about vulnerabilities. This conviction could easily lead to a major decline in the discussion of computer problems in various forums, which often lead to quick solutions.

Without a doubt, Bret McDanel is not the model whistleblower. As a dissatisfied former employee of the company he blew the whistle on, his motives are not entirely pure. The level of detail may have been irresponsible, but it is a slippery slope to claim he could not inform those affected by the vulnerability. Indeed, he did not use his knowledge of the vulnerability to hack the email system, nor did he post the information to the entire public or to the press. He told those most affected that they were at risk and he went to jail.

The U.S Attorney’s answering brief is due on Aug. 28.